It’s been a little over a year since I started this brand, and it’s been a journey. After working with different clientele in the past, I was always tripped up by how many people don’t understand basic copyright law, how many people don’t read contracts, and how many people don’t respect the time and work that goes into creating images that you love and cherish. This industry has been totally different for the most part. The vast majority of people I work with under the Inamorata brand understand copyright, read contracts, and respect my time and my creative work. Even if they don’t understand any of the above, they are willing to learn and be educated, which I am ALWAYS happy to do.
Recently a legitimate issue with a client has come up. It showed me that everyone would benefit from a clear explanation of my policies, why they exist, and how my clients can empower themselves in any shoot.
First, Let’s clear the air:
I’m so upset that this has come to social media spread of misinformation and that I now feel the obligation to participate in to give context to this complicated issue. If you have heard about the current situation, please know it is not about tagging images or crediting. Tagging is a bold line in my contract and it helps me gain more business so it is important, however, I would never report a copyright violation over that. The current situation has to do with theft of images. My contract clearly states the number of deliverable images and all images had been delivered at the time of theft. Again, under no circumstance do I allow unedited work to be published or used without permission. This person took screen shots from the proof gallery provided to use for advertising materials. Again, giving the benefit of the doubt, I reached out to this person multiple times, told them not to post screenshots from the gallery that were also unpaid for and gave them a quote to buy out copyrights for all images so that we did not need to do this over and over again. Even after this, they would still post stolen images, tag me many hours or days later after they had gotten use out of the images, and then would pretend they did not know better when confronted. This is a cycle that happened again and again, so yes, I finally took action. They also posted stolen images behind a paywall where they did not think I would see them, which I was made aware of by a client from the industry who recognized my work and sent me a screenshot.
This client signed a contract with me at the beginning of my career in this industry and received a special rate:
Four shoots for $2,000. ($500 per shoot)
The contract specifications:
4 shoots each 2 hours
8 images from each photo shoot (32 images)
The first shoot went overtime two hours, so I combined that into two shoots instead of charging them an overtime fee (first break I gave them). The contract also stipulated that I be paid upfront for all shoots and that dates for all shoots be specified at time of initial booking for the special rate to apply. I only received half the payment until the second shoot. The second shoot took place within an hour of them asking me to come and shoot on the same day (second break I gave them). The third shoot they did not like, so I allowed them to choose images from the first shoot that went four hours (third break I gave them). Even after all of this was said and done, I gave them an extra image and told them not to worry about payment because I miscounted due to their communication about which was constantly scattered across multiple platforms, so it was difficult to keep track.
I would also like to add the nuance that the entire question of copyright really began after this person called me and told me they were getting published in FHM USA and asked permission to use my images. They asked me to deliver them RAW files for free, give up complete creative control of my content, and relinquish publishing rights to the images without any contract or point of contact at the magazine. As I dug into this peculiar situation, I discovered FHM USA does not exist in print and had gone under a few years ago. I politely turned down the offer to be published knowing that many of these online magazines are now just shell brands making a profit off of photographers and models paying to be published for their own notoriety. I did not want my brand directly associated with pay to play, but I offered for the second time to buy out the copyright to all of the images if they wanted to use them, and they never responded to that email (which they posted screenshots of on Twitter) and the theft happened again. It wasn’t until later when I saw they used another photographer’s images that it was for FHM South Africa, not the USA website.
I did my best to navigate the confusion that came up in this client relationship, especially because when they signed the four shoot contract, I was first getting a feel for this industry. Even after I had found my footing, I continued to go above and beyond to make myself available to this client and remain completely flexible with this person.
Now I ask you, would you tolerate this pattern of behavior from any of your clients?
Secondly, the difference between owning copyright and usage rights.
Copyright: The exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.
Usage Rights: rights granted to an individual by an artist to use something for a specific purpose and for a particular period.
Important things to look for in any contract before signing to be sure you understand your own rights and the photographers rights:
Deliverables
Deliverables refers to the amount of images or additional content you are purchasing with the pricing of the package
How many deliverables are stated in the contract?
What does the photographer owe you in accordance to the contract?
Usage and Copyright Clause
What rights does the photographer have to publishing images?
What usage do you have for the images taken?
Model Release Clause
What rights does the photographer have to your likeness?
Does the contract give the photographer the right to use your face and identifying features?
Where does the photographer have the right to publish images?
Alteration and Editing clause
Does the photographer allow you to edit photos or alter them on your own?
Do they allow outsourcing of images?
Crediting Clause
Does the contract say anything about crediting and where?
How does the photographer want to be credited?
Inamorata policy and contract:
I would like to begin this part with the caveat that I am not a stickler for contract and policy, especially if I suspect it is an honest mistake. 9/10 I give my clients the benefit of the doubt and this has happened many times. In these cases, I typically will follow up with a friendly email or text reminding them of the contract and policy that they signed and ask if they could please correct whatever mistake they made, or try not to make it again in the future. Up until now I have had zero issues and it has all been honest mistakes which I am completely understanding of. I know not everyone reads the fine print and sometimes it is difficult to keep track of everything from each individual photographer.
Usage rights:
I do not grant full copyright of all images taken during the shoot or proofs delivered. My contract stipulates that my clients have limited usage rights for non-commercial self promotion on their websites and social media. The pricing in my contract on covers this usage, and when you sign the contract you agree to this. My Clients do have the option to buy out the full copyright to the images which can either be price on an individual basis or priced in bulk. My clients may also purchase more usage rights. for example if you would like to create merchandise such as posters to sell, I can price out usage for just that purpose as well. (which will be less expensive than a full copyright buyout)
Retouching and Editing:
I do not allow retouching to be outsourced, and I do not allow my clients to retouch their own images. If my final images aren’t to your satisfaction I allow one revision retouch to make any corrections that may need to be done.
Deliverables:
The amount of deliverables is stated in the contract and varies depending on what package you choose. You always have the option to purchase extra images from your shoot and can return at anytime to choose more. I typically leave your proof gallery up for you to choose more content for at least 6 months from the date it was published. It at anytime you do not have access to the gallery to choose more content, please reach out and I will ensure you have access to all of your content.
Extras:
Why do you have to pay for extra images? In my lowest priced package which costs $800, I spend 3 hours on site shooting with you, add at least 30 minutes each way, transportation cost, and at least 45 minutes per image from the beginning of the post production to the end of only 8 images. That’s 10 hours of work minimum per package that I shoot which totals up to $80 per hour.
Other costs associated: That price also includes cost of camera equipment which totals up to $10K, computer equipment for editing which is another $3k, and yearly insurance to cover all equipment costs which is another $1.5k annually at a minimum.
Charging for extra images is how I supplements my income and it allows me the flexibility to have this as a full time job.
Proofs:
Proofs are not to be screenshot and published any where. This includes to twitter and social media. Any work my clients publish will reflect back on to Inamorata Photo, and I always want to make sure to put my best work forward. This means each and every image that I take will go through the entire retouching process of color correcting, toning, basic clean up, and stylization to match my brand.
Proofs that are screenshot from the gallery and published elsewhere is theft of intellectual property, especially so if the deliverable content as stated in contract has been received by the client. Thus far I have only had a handful of clients do this and have sent out emails in the same friendly way assuming they didn’t understand or read the contract. However, moving forward I am instituting a one warning policy. Anyone that continues to steal images from the proofs gallery after the warning and publishes without express permission from Inamorata Photo will first receive an invoice for payment of these images at a 50% mark up per image (any sale or promotional offer will not apply to this). If payment is not received within 7 days, I will take legal action to file for damages and copyright infringement.
Model Release:
I retain the right to alter, publish, reproduce etc, any of the images I create with the caveat that I keep my clients anonymity unless I have express consent from that individual client to use identifying features. Typically, this only applies to posting to social media and my website. I will never publish an image of you anywhere else without express consent, or unless you are 100% completely anonymous which would really only include abstract body shots without tattoos, scars, moles, or any other identifying features. My reputation is of the utmost importance to me, and keeping your anonymity is a very large part of that. It is in my best interest to maintain a friendly working relationship with my clientele especially because so many of you are recurring clients.
Crediting on Social Media:
I require that all images posted to social media are credited to Inamorata account. This is very important to my brand because in this industry word of mouth and trust is everything. Tagging me in your images shows implicit trust in my brand and abilities, and is a way to give me more business to ensure I stay in business. As many of you know I am one of very few female photographers in this industry, and I know many of you are thrilled to have me, please keep supporting my brand and spreading the word so that I can have some staying power.
Flexibility:
For clients that have any concern about the above conditions, I am always willing to negotiate terms of the contract. The contract I have is standard among the commercial industry. In fact, it was drafted by an IP lawyer in commercial photography field, as that is my background. I am not holding a gun to anyone’s head making them sign a contract, it is something you do of your own free will. If we cannot agree on terms, then you do not have to work with me. It’s 100% your choice.
To Conclude:
I adore the majority of my clients, and if you ask majority of the people I have worked with, I constantly go above and beyond for my clientele. I have had tense moments here and there, but overall it’s been a wonderful experience and I’ve been able to compromise and gain respectful working relationships all along the way. Up until this instance of conflict, I avoided any social media back lash for over a year. I have glowing reviews and I am extremely awestruck that people in this industry were willing to go to battle on my behalf before I even realized I had been publicly called out. I will forever be grateful to these people. So from the bottom of my heart, thank you.
I hope reading this post will further educate you on your rights as a client and a photographers rights as a creative. I am providing a service in the same way my clientele is. I am one of the few photographers in this industry that is female, and want to continue creating unique content for you. I have my boundaries, I will stand strong in protecting my brand, and I will not be pushed around by people who show a pattern of taking advantage of me. I think that’s a quality that everyone in this industry can respect. Thank you to everyone who has come to my aid in this matter. I adore and appreciate you more than you know! If you’re looking for a way to support me, please post a testimonial to your social media accounts to flood out the negativity.
xoxo -N